[Editor's Note: Laws concerning alcoholic beverage control are contained in Title 33 of the New Jersey Statutes. All ordinances must be in conformity with these provisions and approved by the Director of Alcoholic Beverage Control, N.J.S.A. 33:1-40. State law prescribes the types of licenses that may be issued, their number, permissible license fees and the regulation of licensed premises, N.J.S.A. 33:1-40.]
[1972 Code § 8-1; Ord. No. 07-08 § 1; Ord. No. 11-07 § 1; Ord. No. 12-14]
This chapter is enacted to regulate the sale and transportation of alcoholic beverages in the Borough of Woodland Park in accordance with the provisions of an act of the Legislature of the State of New Jersey entitled "An Act Concerning Alcoholic Beverages," Chapter 436 of the Laws of 1933, its supplements and amendments, and also comprising N.J.S.A. 33:1-1, et seq., and in accordance with the rules and regulations of the State Director of the Division of Alcoholic Beverage Control, New Jersey Administrative Code (N.J.A.C.) 13:2-1; and to control the consumption of alcoholic beverages in public by persons, or groups of persons, within the Borough of Woodland Park.
[1972 Code § 8-2; Ord. No. 07-08 § 2; Ord. No. 11-07 § 2]
As used in this chapter, words and phrases shall have the same meanings they have in N.J.S.A. 33:1-1, et seq., and the rules and regulations of the Director of the Division of Alcoholic Beverage Control.
[1972 Code § 8-3.1; Ord. No. 07-08 § 3.1; Ord. No. 11-07 § 3]
All applications for licenses, all licenses issued, and all proceedings under this chapter shall be in accordance with the rules and regulations specified in Section 6-1 and all other applicable laws of the State of New Jersey or of the United States.
[1972 Code § 8-3.2; Ord. No. 07-08 § 3.2; Ord. No. 11-07 § 3]
All licenses specified under this chapter shall be issued by the Governing Body, which shall also administer the provisions of this chapter.
[New; Ord. No. 07-08 § 3.3; Ord. No. 11-07 § 3]
No person shall sell or distribute alcoholic beverages within the municipality without having obtained a license in accordance with the rules and regulations specified in Section 6-1 of this chapter, except in those cases provided by law where the licenses in question are issued by the Director of the State Division of Alcoholic Beverage Control.
[1972 Code § 8-3.4; Ord. No. 82-7 § I; Ord. No. 07-08 § 3.4; Ord. No. 11-07 § 3; New; Ord. No. 2016-13; Ord. No. 2017-15]
The annual license fees and maximum number of licenses for the sale and distribution of alcoholic beverages in the municipality shall be as follows:
Class of License
Annual License Fee
Number of Licenses
a. Plenary Retail Consumption License:
$2,500
3
b. Plenary Retail Distribution License:
$2,500
1
c. Club License:
$150
No limit
The provisions of this subsection governing the limitation on the number of licenses shall not apply to the renewal or transfer of licenses presently issued.
For State law authorizing the Borough to restrict the number of licenses to sell alcoholic beverages at retail, see N.J.S.A. 33.1-40.
Every club license shall be deemed to be issued conditioned that the licensed club shall continue to be a bona fide club and shall be revocable upon the discontinuance of such status.
[1972 Code § 8-4.1; Ord. No. 82-7 § II; Ord. No. 07-08 § 4.1; Ord. No. 11-07 § 4; Ord. No. 12-14; Ord. No. 2016-09]
No alcoholic beverages shall be sold, served, consumed or delivered to any customer in or from any licensed premises on any day between the hours of 2:00 a.m. and 7:00 a.m. except Sundays as hereinafter provided.
[1972 Code § 8-4.1; Ord. No. 82-7 § II; Ord. No. 07-08 § 4.2; Ord. No. 11-07 § 4; Ord. No. 12-14; Ord. No. 2016-09]
Provisions of subsection 6-4.1 shall not apply on Sundays. On Sundays, no alcoholic beverages shall be sold, served, consumed or delivered to any customer in or from any licensed premises between the hours of 2:00 a.m. and 10:00 a.m.
Editor's Note: Former subsection 6-4.3 New Year's Day containing portions of 1972 Code § 8-4.2; Ord. No. 07-08 § 4.3; Ord. No. 11-07 § 4; Ord. No. 12-14 was deleted by Ordinance No. 2016-09.
[New; Ord. No. 07-08 § 4.4; Ord. No. 11-07 § 4; Ord. No. 12-14]
No licensee or employee of a licensee shall sell, serve or deliver, directly or indirectly, any alcoholic beverages to any intoxicated person or person under the legal age, or permit the consumption of alcoholic beverages on any licensed premises by any of the above named persons.
[New; Ord. No. 07-08 § 4.5; Ord. No. 11-07 § 4; Ord. No. 12-14]
During the hours when sales of alcoholic beverages are prohibited, the entire licensed premises shall be closed and no person shall be admitted to remain thereon except the licensee or bona fide employees of the licensee; provided, however, that such requirement for the closing of the premises shall not apply to bona fide hotels or restaurants as defined in N.J.S.A. 33.1-1(t) and to clubs eligible for a club license under N.J.S.A. 33.1-12(5) and to other establishments where the principal business is other than the sale of alcoholic beverages.
[1972 Code § 8-4.1; Ord. No. 07-08 § 4.6; Ord. No. 11-07 § 4; Ord. No. 12-14]
No person shall be served alcoholic beverages in any room which is not open to the public. This section shall not apply to club licenses.
[1972 Code § 8-6; Ord. No. 07-08 § 4.7; Ord. No. 11-07 § 4; Ord. No. 12-14]
All licensed premises other than those for which club licenses are issued shall be so located that a normal sized adult can, on inspection from the exterior, view the interior of the premises.
[1972 Code § 8-7; Ord. No. 07-08 § 5; Ord. No. 11-07 § 5]
Any license issued under this chapter may be suspended or revoked for violation of any of the provisions of this chapter or any provision of any applicable Statute or any of the rules or regulations of the State Director of the Division of Alcoholic Beverage Control.
Proceedings for suspension or revocation shall be in accordance with the provisions of N.J.S.A. 33:1-31 by service of a five (5) day notice of charges preferred against the licensee and affording a reasonable opportunity for hearing.
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
[New; Ord. No. 07-08 § 6.2; Ord. No. 11-07 § 6]
No person shall purchase or attempt to purchase alcoholic beverages for a minor. It shall be unlawful for any person to induce or attempt to induce any licensee or any employee of a licensee to sell, serve or deliver alcoholic beverages to a minor.
[New; Ord. No. 07-08 § 6.3; Ord. No. 11-07 § 6]
No person shall misrepresent his/her age or the age of another person for the purpose of inducing any licensee, or his/her employee, to serve a person under the legal age in violation of this section.
[New; Ord. No. 07-08 § 6.4; Ord. No. 11-07 § 6]
Any adult who accompanies a minor into premises in which alcoholic beverages are served and who permits the minor to possess or consume alcoholic beverages shall be presumed to have misrepresented the age of the minor.
[N.J.S.A. 33:1-81; Ord. No. 07-08 § 6.5; Ord. No. 11-07 § 6]
It shall be unlawful for:
a. 
A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or
b. 
A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises located for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him or her any alcoholic beverage; or
c. 
Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his/her age have the right to purchase and consume alcoholic beverages; or
d. 
Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages.
Any person who shall violate any of the provisions of this subsection shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, in accordance with N.J.S.A. 33:1-81, as amended, shall be punished by a fine of not less than five hundred ($500.00) dollars. In addition, the Court shall suspend the person's license to operate a motor vehicle for six (6) months or prohibit the person from obtaining a license to operate a motor vehicle in this State for six (6) months beginning on the date he/she become eligible to obtain a license or on the date of conviction, whichever is later. In addition to the general penalty prescribed for an offense, the Court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.